PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

Deodorizing Drips Service Contract

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personnel services contract to provide Deodorizing Drips Maintenance. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision and other items and non-personal services necessary to perform Deodorizing Drips Maintenance as defined in this Performance Work Statement except for those items specified as Government property and services. The contractor shall perform to the standards in this contract.

1.2. Objectives: Maintain automatic deodorizing liquid dispensers by furnishing and installing as needed. Drip dispensers shall have an uninterrupted drip 24 hours a day, 7 days a week to maintain a pleasant fragrance throughout Tobyhanna Army Depots restrooms.

1.3. Scope: Contractor shall supply all operations in connection with, but not limited to, furnishing, installing, and servicing approximately 920 automatic Deodorizing liquid dispensing units, plus or minus depending on need, located in restrooms throughout the Depot as described in Atch 1, Restroom Listing.

1.4. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years, if exercised by the Government. The Period of Performance reads as follows:

Base Year Option Year I Option Year II Option Year III Option Year IV

1.5. General Information

1.5.1. Quality Assurance: The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP) (Atch 3). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5.2. Recognized Holidays: The contractor is not required to perform services on holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.5.3. Hours of Operation: The contractor is responsible for conducting business, between the hours of 0730 and 1530, Monday thru Friday unless stated otherwise (See Part 4.11) except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.4. Place of Performance: The work to be performed under this contract will be performed in various buildings throughout Tobyhanna Army Depot. See restroom location list provided in Atch 1, Restroom Listing.

1.5.5. Type of Contract: The Government will award a firm fixed-price contract.

1.5.6. Security Requirements: See Part 5 for additional information.

1.5.6.1. PHYSICAL Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.5.7. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.5.8. Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Facilities: The Government will provide access to real property (buildings/facilities) as specified/needed in order to comply with PWS. Government furnished property (GFP) includes the wall mounted dispensing units currently located in restrooms and any units to be replaced during the duration of this contract.

3.2. The following GFP clauses are incorporated into this requirement:

FAR clauses:

52.245-1, Government Property 52.245-9, Use and Charges

DFARS clauses:

252.211-7003, Item Unique Identification and Valuation 252.211-7007, Reporting of Government-Furnished Property 252.242-7005, Contractor Business Systems 252.245-7001, Tagging, Labeling, and Marking of Government-Furnished Property 252.245-7002, Reporting Loss of Government Property 252.245-7003, Contractor Property Management System Administration 252.245-7004, Reporting, Reutilization and Disposal

PART 4

SPECIFIC TASKS

4. Specific Tasks:

4.1. Basic Services. The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years, if exercised by the Government.

4.2. The contractor shall service/refill units once every month or as needed to ensure flow is uninterrupted.

4.3. The contractor shall have all needed supplies with each service.

4.4. No storage is available on the Depot for supplies.

4.5. The contractor shall submit a Material Safety Data Sheet (MSDS) on any products with submission of proposal. These will then be forwarded to the subsequent Environmental Office for approval. Any change in MSDS product requirements after contract award will require review & approval by the COR before use of product is permitted.

4.6. The contractor shall provide wall mounted dispensing units as needed/requested by the Government at no additional charge (up to an additional 5% of the total quantity of 920).

4.7. The contractor shall be responsible for replacing worn, damaged or missing units at no additional cost to the Government. This will not exceed an additional 5% of the total quantity of units (920).

4.8. Deodorizing Units shall be Government approved and must meet the following standards:

• Units shall be wall mounted.

o Units shall be adhesively fastened or hardware fastened.

• Units shall have a gravity feed method of dispersing the liquid deodorizer/neutralizer.

• Dispensing units shall be one piece, durable plastic unit with no moving parts, beveled at the top to prevent the placement of personal items, dust accumulation or injury.

• Deodorizer/ neutralizer liquid shall be water based.

• Maintain an even and pleasant fragrance level 24 hours a day.

o Contractor may be required to refill up to 10% of the listed units with an alternate fragrance at the request of the Government.

4.9. The contractor shall invoice after each monthly service. Payment will be made after verification of invoice and inspection by COR. Invoice shall include a list of completed services to include, at minimum, the following:

• Building number with associated restrooms and number of commodes/urinals for each.

• Final count of refill services completed.

• Final count of furnished/installed dispensers.(if any)

4.10. COR for this contract will be provided at contract execution.

4.11. Contractor shall refill units within areas between 0730 and 1530, with the exception of Building 11.

4.11.1. Building 11 units shall be refilled after 1630.

4.12. The Offeror shall complete the spreadsheet found in Atch 2 - Offeror’s Proposed Pricing Worksheet.

Pricing not submitted utilizing Atch 2 –Offeror’s Proposed Pricing Worksheet, may not be considered.

4.13 CONTRACTOR MANAGEMENT REPORTING REQUIREMENTS (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also know as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number;

(3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub- Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

4.14. INVOICING/WIDE AREA WORKFLOW (WAWF):

Invoicing must be IAW DFARS 252.232-7006, Tobyhanna COR to be provided at time of award.

4.15. TAX EXEMPTION CERTIFICATION - CONTRACTING OFFICER'S INSTRUCTION:

In accordance with the supremacy clause of the United States Constitution, Federal Acquisition Regulations and Pennsylvania State Law, Tobyhanna Army Depot, as an instrumentality of the United States Government, is generally immune from taxation by State and local jurisdictions. In lieu of an exemption certificate, and as provided for in paragraph 1.b. of Pennsylvania Sales and Use Tax Regulation Number 200, it is suggested that you retain a copy of this purchase order and this notice as documentary evidence that Tobyhanna Army Depot is immune from State and local taxation. If your state is other than Pennsylvania and requires certification other than this form, or should you have questions concerning the parameters of immunity from taxation, contact the person identified as the contract administrator in the contract.

4.16. INSURANCE REQUIREMENTS:

The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(a) WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY. Contractors are required to comply with applicable Federal and State Worker's Compensation and Occupational Disease Statutes. If the Employer's liability section of the insurance policy, except then contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit Worker's Compensation to be written by private carriers.

(b) GENERAL LIABILITY. Bodily Injury Liability Insurance Coverage written on the comprehensive form of policy of at least $500,000 per occurrence shall be required. Property Damage Liability Insurance is not normally required.

(c) AUTOMOBILE LIABILITY. Automobile Liability Insurance written on the comprehensive form of policy is required. The policy shall provide for Bodily Injury and Property Damage Liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for Bodily Injury and $20,000 per occurrence for Property Damage.

The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

4.17. TOBYHANNA ARMY DEPOT ON-SITE CONTRACTOR WORKFORCE AND VISITOR

RESTRICTIONS:

1. NON-RESIDENT/NON-IMMIGRANT ALIENS

a. All non-resident/non-immigrant aliens must have approval prior to being permitted access to Tobyhanna Army Depot (TYAD). Such approval must be obtained by requesting access through the following: apply at the alien-resident’s embassy; proceed to the U.S. Embassy; proceed to the Department of the Army;

proceed to Army Materiel Command; proceed to U.S. Communications-Electronics Command; proceed to

TYAD.

b. All non-resident/non-immigrant aliens granted access to TYAD are required to be escorted by Government personnel. One Government escort can accommodate a maximum of two non-resident/non-immigrant aliens.

c. Due to limited availability of Government personnel, contractors shall not be permitted to employ non-resident/non-immigrant aliens as part of the contractor’s on-site workforce. Limited exceptions to this restriction may be considered on a case-by-case basis. Such exceptions shall only be considered where a specialized skill or trade is not otherwise available, and even under such circumstances would only be considered for very limited duration, e.g., a few hours/days. However, even if limited exception is considered, access may still be denied. Contractors whose personnel are either denied entry to TYAD or permitted limited entry to TYAD due to the security requirements pertaining to non-resident aliens/non-immigrants are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or other contractual remedies as appropriate.

d. Due to limited availability of Government personnel, visitors requiring escort may not be permitted access, or access may be limited to a certain time and duration.

2. FOR THE PURPOSE OF FORMAL ESCORTED SITE VISITS

Resident aliens (immigrants) in possession of a valid Form I-551, Alien Registration Receipt Card (“Green Card”), are not required to obtain approval as set forth in paragraph 1.a. above (but see paragraph 5, below). Such individuals must have proper identification in addition to a valid form I-551 in their physical possession at all times while at TYAD. Individuals lacking proper identification and valid form I-555 will be denied access to TYAD.

3. SECURITY SEARCHES, IN-PROCESSING, AND SECURITY SCREENING

All persons seeking entrance to TYAD must submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All visitors and contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD Security personnel prior to being granted access to TYAD. This security screening process may be time consuming and access may be delayed or denied.

Any Contractors who will be working on site, company representatives who will be visiting periodically, and any companies or contractors requesting or requiring TYAD badges for other business reasons must submit a completed TYAD form 648-C to their contract or depot point of contact. The completed form must be submitted at least five (5) workdays in advance of on-site performance for each employee intended for onsite performance or five (5) workdays in advance of visits or other business at the depot. Any contractor employee (s) already on site who have not been screened, will be subject to security screening. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on site who fail screening will not be permitted further access to TYAD.

4. SUBMISSION OF BIDS OR PROPOSALS

Bidders/offerors who hand carry bids or quotes do so at their own risk. Bidders/offerors are solely responsible for the timely submission of bids /proposals/quotations, any delays security measures notwithstanding.

5. CONTRACTOR ON-SITE WORKFORCE – ADDITIONAL SECURITY REQUIREMENTS

A. This section is in addition to the requirements above regarding non-resident aliens (non-immigrants) for on-site performance. Prior to the commencement of performance under the contract and within seven (7) workdays of contract award, the Contractor shall submit to the Chief, Security Division, Tobyhanna Army Depot, a roster of all contractor personnel, inclusive of on-site supervisory or managerial personnel and sub-contractor personnel, that the Contractor anticipates will be performing work on-site. The roster shall indicate which individuals are U.S. citizens and which are resident aliens (immigrants). The following documentation shall accompany the roster for each individual named on the roster as a resident alien (immigrant):

a) A copy of a verifiable form of identification, such as a driver’s license or a passport; and

b) A copy of a valid Department of Justice Immigration and Naturalization Service Form I-551, Alien Registration Receipt Card (“Green Card”).

Contractors who fail to identify any and all resident aliens (immigrants) who will be used for on-site performance and who will seek access to Tobyhanna Army Depot as a worker for or through the contractor, inclusive of managerial and subcontractor personnel, may be subject to civil and criminal penalties and sanctions as well as contract remedies.

B. Within five (5) workdays of the submission of the roster, documentation, and TYAD form 648-C, the Government will have completed the security check and the Contractor shall be notified whether all listed personnel will be permitted to work on-site. However, actual access to Tobyhanna Army Depot by the roster personnel will remain contingent upon such resident alien (immigrant) individuals presenting two (2) forms of identification as they process into the Depot through the Security building: a valid Form I-551, Alien Registration Receipt Card (“Green Card”) in addition to at least one other verifiable form of identification.

C. The roster that the Contractor submits is amendable. However, up to five (5) workdays will be required to perform a security check on any personnel added to the roster. The Contractor is urged to include contingency or “back-up” personnel in the original roster in order to avoid delays due to roster amendment.

D. Contractors whose personnel are denied entry to TYAD due to the security requirements are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or be subject to other contractual remedies as appropriate.

PART 5

APPLICABLE PUBLICATIONS

5. APPLICABLE PUBLICATIONS (CURRENT EDITIONS):

5.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures in addition to the following environmental, contractor safety and security specifications listed below.

Standard Specifications for Projects Under the National Environmental Policy Act in Accordance with 32 CFR 651 Proponent ELTY-ISR-E

1. Air Pollution Control The contractor must control fugitive emissions, including dust, during the course of their contract. The contractor must obtain approval from the Environmental Branch (EB) prior to exhausting equipment to the outside. The contractor must not allow any pollutant or particulate matter to be released to the atmosphere at levels that are visible from outside of Tobyhanna Army Depot (TYAD). The contractor must not perform work that will release pollutants or particulate matter to the atmosphere when the wind speed exceeds ten miles per hour and will result in adverse effects to the surrounding areas. TYAD will monitor the wind speed; it is the contractor’s responsibility to obtain wind speed information through the Contracting Officer Representative (COR).

2. Asbestos The contractor must ensure that all materials used in the performance of this contract are asbestos-free.

Unless specified in the contract, the contractor must not disturb any existing Asbestos- Containing Material (ACM) in the performance of this contract. If ACM, or suspect ACM might be disturbed in performance of this contract, the contractor must avoid coming in contact with the material and immediately notify the COR and the Contract Administrator in writing. The COR must coordinate with EB to have the material tested to determine if there is ACM. If the material is determined to be ACM and the contractor cannot avoid disturbing the material, the COR will notify the Contracting Officer. The Contracting Officer will direct a change pursuant to the contract clauses entitled “Changes” and “Differing Site Conditions.” If ACM, or suspect ACM has been disturbed, the contractor must immediately notify the COR and call the EB. The

****Spill Response Procedures 1-2- 3****

1. Stop work

2. Call 911

3. Evacuate Area

*********Damaged Asbestos?********* Call Environmental Branch (EB) at

615- 7098

*******Environmental Questions?****** Call EB 615-7098 contractor will shut down and not move any equipment or supplies near the damaged ACM. The contractor will evacuate all non-contaminated contractor personnel from the immediate vicinity. Any contractor personnel thought to be contaminated with asbestos must remain in the area until the EB responds. If the damaged material is determined to be ACM and there is potential for further damage, the Contracting Officer will direct a change pursuant to the clauses of the contract clauses entitled “Changes” and “Differing Site Conditions.”

Asbestos abatement required under the contract as originally awarded must be in accordance with United Facilities Guide Specification 02 83 14 00 10 and as otherwise required in the contract. Asbestos abatement not required under the contract as originally awarded, can be incorporated into the existing contract via contract modification, or by the Government taking responsibility for the asbestos abatement.

The method of acquiring the abatement is at the discretion of the Government. The contractor must have an asbestos abatement work plan that has been approved by EB prior to beginning any asbestos abatement work.

3. Backflow The contractor shall have a backflow prevention device installed on all contractor equipment that is connected to Tobyhanna Army Depot’s (TYAD) water distribution system. The contractor shall have a water meter installed to monitor water consumption during all phases of the contract. Water use will be reported monthly to the Environmental Branch.

4. Burning The contractor must not burn refuse and debris anywhere on TYAD.

5. Buy Recycled-Content Materials The Contractor must comply with Resource Conservation and Recovery Act (RCRA) Section 6002 (42 U.S.C. 6962, Federal Procurement) in the acquisition of materials with recycled content to meet the standards of Executive Order 13693, Planning for Federal Sustainability in the Next Decade; March 19, 2015. Specific designated items in this contract for which recycled content standards have been established have been set forth in the specification (e.g., insulation, roofing materials, carpet, carpet pad, paint, floor tiles, shower and restroom dividers). Recovered Material Certification: As required by the RCRA, the contractor must certify that the percentage of recovered materials to be used in the performance of the contract will be at least the amount required by the applicable contract specifications (see Federal Acquisition Regulation (FAR) Provision 52.223-4, Recovered Material Certification). Prior to application for final payment, the contractor must provide a report in accordance with FAR Clause 52.223-9, Estimate of Percentage of Recovered Material Content for Environmental Protection Agency (EPA) Designated Items, to the Contracting Office. Compliance with this program does not relieve the contractor from meeting all other specification requirements.

6. Cultural Resources The contractor must not adversely affect any property listed on the National Register of Historic Places (NRHP) or properties eligible for inclusion on the NRHP without consultation and approval from the EB through the COR. If there is a discovery of any historic properties, including archeological sites and graveyards, work will cease immediately until requirements of National Historic Preservation Act, as amended, have been met. All archaeological artifacts found at TYAD or TYAD-controlled properties are U. S. Government property until a determination is made otherwise.

7. Demolition Notification If a project involves the demolition of any load-bearing structural members, whether or not asbestos is present, 25 days prior to the demolition, the Commonwealth of Pennsylvania Asbestos Abatement and Demolition/Renovation Notification Form 2700- FM-BAQ0021 must be submitted to EB as specified in the Unified Facilities Guide Specification 02 82 13.00 10. The contractor may obtain a copy of the form from the EB.

8. Drinking Water The contractor must not perform any work on the TYAD potable water system prior to obtaining approval from the EB and the Installation Planning and Maintenance Division certified operator through the COR. If a permit is required due to construction or proposed chemical feed changes, it will be the responsibility of the contractor to obtain all permits associated with the project.

Permit applications will first be reviewed and approved by the Environmental Branch before being submitted to regulatory authorities. Any piping or additions added to the TYAD water system must be disinfected following American Water Works Association circular C651-14 "Disinfecting Water Mains." Construction will be kept outside of drinking water wellhead protection zones when feasible. All new buildings and remodeled buildings will be equipped with a water meter that can easily be read from the exterior of the building.

9. Endangered Species The contractor is responsible for meeting requirements of the Endangered Species Act of 1973. The contractor must not disturb any endangered species, their habitat or offspring during the implementation of this contract.

10. Emergency/Spills All emergencies and spills must be reported to the TYAD Fire Department by calling 911 from a TYAD phone or (570) 615-7300. If a 911 call is placed on a cell phone, the call will go to the Monroe County Emergency Office. Notify the Monroe County Emergency Office that you are at TYAD and the call will be forwarded to TYADs Fire Department. The contractor must ensure all personnel working on site are trained in the proper procedure according to 29 CFR 1910.120 (if applicable) to initiate a spill response to handle the hazardous substances they are working with. The contractor will take the necessary actions to prevent and contain spills of hazardous materials.

11. Energy Efficiency The Energy Policy Act of 2005 section 109 and the Energy Independence and Security Act of 2007 require all new construction at federal facilities to be 30% better than ASHRAE 90.1.

Energy Policy Act of 2005 section 104 and the Energy Independence and Security Act of 2007 require all new equipment to be Energy Star qualified when available.

This is applicable to heating, ventilation and air conditioning equipment, plumbing, building materials, lighting, commercial food service equipment and appliances.

12. Environmental Automation and Control Systems The contractor will not alter, modify, remove or tamper with any environmental automation or control system unless previous arrangement have been made with EB.

This includes sensors, programmable logic controllers, equipment housing, power supplies, meters or other hardware/sensor technology.

13. Erosion and Sedimentation Control The contractor shall protect streams, lakes and wetlands from sediment discharges caused by the contractor's activities. The contractor shall also provide (where applicable) an erosion and sedimentation control plan in compliance with state and local laws and regulations, to the COR for approval prior to executing any soil-disturbing activities. The contractor must submit a National Pollutant Discharge Elimination System Permit to the Pennsylvania Department of Environmental Protection (PADEP) prior to any construction activity that encompasses more than one acre. All permits must be reviewed and approved by the EB prior to being sent to any regulatory authority. The contractor shall not disturb any wetlands. Contractor will remove all silt fencing and other temporary control measures once the site is stabilized.

Contractor will remove all spoils from TYAD unless a previously approved disposal site has been established.

The contract COR will be responsible for management and control of the spoils disposal site.

14. Fluorescent and Mercury-Bearing Lamps The contractor is to collect, containerize, manage and recycle fluorescent and mercury-bearing lamps in accordance with 40 CFR 273, Standards for Universal Waste Management. A copy of the manifest/Bill of Lading must be given to the EB through the COR five days in advance of shipment by the contractor so that it can be reviewed for accuracy and completeness. The contractor must install low mercury bulbs when available.

15. Hazardous Materials Stored and Labeled The contractor must ensure all hazardous materials (HM) at the work site are properly stored and labeled. The contractor must not leave any HM behind at the completion of the job for any reason. HM must not be stored outside without adequate secondary containment and shelter.

16. Hazardous Waste The contractor must ensure that all hazardous wastes (HW) at the work site are properly stored and labeled in a pre-approved location designated by the EB. The contractor must provide copies of any shipping documents for HW/Universal Waste/Toxic Substances Control Act waste. If the TYAD EPA number is being used for shipping purposes, only EB is authorized to sign a manifest and the manifest (or copy) must be supplied prior to the day of shipment for review.

The EB will keep originals. If HW or waste requiring special handling (e.g., asbestos) is being turned over to the Government for disposal, the contactor must notify the EB through the COR when the waste is ready to be moved.

17. ISO 14001

TYAD is an ISO 14001 certified facility. All contractor and subcontractor employees on site must comply with TYAD Regulation 200-5, “Environmental Management System (EMS).” The contractor may obtain these regulations through the project COR.

18. Limit of Disturbance The contractor must confine the limit of disturbance of the project to the smallest area possible.

19. Mercury-Bearing Equipment The contractor must not install any equipment, switches, or devices (including thermostats) that contain mercury or lead.

20. Safety Data Sheets (SDSs) The contractor must submit SDSs for all hazardous materials proposed for use, including paints, solvents, adhesives, etc., to the EB through the COR five working days prior to material being brought on post. The contractor must keep a copy of all SDSs required for the project at the jobsite.

21. Migratory Bird Protection The contractor is responsible for meeting requirements of the Migratory Bird Treaty Act of 1918 (as amended). The contractor must not disturb any migratory bird, their nesting area or offspring during the implementation of this contract.

22. National Pollutant Discharge Elimination System (NPDES) Permits The contractor must not perform any work on existing NPDES structures or treatment units unless previously approved in writing by the Installation Planning and Maintenance Division certified operators and the Environmental Branch. This includes work within the sewage treatment plant, sewage lift stations, sewage conveyance pipes, Industrial Operations Facility pretreatment plant, and storm water sewer systems. If a permit is required, it will be the responsibility of the contractor to obtain all permits prior to work being performed. All permit application packages must first be reviewed by the Environmental Branch prior to being sent to any regulatory authority.

23. Net Zero Water The contractor will minimize the use of potable water during the construction project.

Water used during the construction project will be monitored and measured using portable water meters if possible. Installed restroom equipment will consist of high-efficiency fixtures that use reduced volumes of water. Employ strategies that in aggregate use 20% less water than the water use baseline calculated for the building after meeting the Energy Policy Act of 1992 fixture performance requirements.

Automatic hands-free flushometers will not be used. Water-free urinals will not be used.

Flushometers will be the piston variety that fail in the closed position.

New building construction and renovations will include installation of a water meter that is capable of being read from the outside of the building.

24. Noise The contractor must not allow the noise level to exceed 65 decibels at any point outside TYAD property. If noise levels exceed 65 decibels, a plan must be prepared by the contractor to mitigate the noise levels and submit to the EB for approval through the COR. The contractor will monitor the fence line to confirm this limit.

25. Ozone Depleting Substances (ODS) The contractor must be responsible for ensuring that all personnel who perform maintenance and repair activities on refrigeration equipment have been trained and certified by an EPA-approved Section 608 program. The contractor must not use Class I or Class II ODS or install equipment that contains Class I or II ODS.

26. Paints The contractor must not use paints containing zinc chromate or strontium chromate pigments and paints containing lead in excess of 0.06 percent by weight of the total nonvolatile content (calculated as lead metal).

27. Pest Management At no time during the execution of this contract must the contractor provide a food source or harborage for any pests. The contractor must coordinate through the COR to the EB prior to application any pesticide usage. Pesticides are required to be approved by the EB. The contractor must report all usage of pesticides through the COR to the EB. After completion of the contract, the contractor must ensure there is no passage for pests to enter facilities or structures related to work performed by the contractor.

28. Polychlorinated Biphenyls (PCBs) The contractor must not bring items containing PCBs onto TYAD. Light ballasts that are clearly marked "Contains no PCBs," or that are marked with a manufacture date after 1978 must be disposed of by the contractor as construction demolition debris. Any light ballast that is not marked as containing no PCBs that has a manufacture date prior to 1978, or that cannot be determined whether it contains PCBs, must be disposed of by the contractor at an approved and licensed facility for PCBs. The contractor must submit a shipping manifest and certificate of disposal of the PCB-containing items to the EB through the COR.

29. Recycling The contractor must comply with TYADs general recycling plan for recyclable materials such as aluminum, steel, cardboard, paper, plastic and wood. The contractor should contact the EB for additional information on the recycling of materials through the COR.

The COR will coordinate with EB to have the contractor recycle metals, cardboard, etc., through TYADs recycling program. All Construction and Demolition (C&D) material transferred from a construction project into the TYAD recycling program must be segregated and material type and weights submitted to the project COR for consolidation. Any material entering the TYAD recycling program that is not documented and properly reported will be absorbed into the TYAD recycling program and not count towards the C&D requirement of the project. Clean wood shall be recycled by the contractor off TYAD property.

30. Refuse and Construction Demolition Debris Removal and Disposal During the performance of all construction, renovation and demolition projects, a minimum of 60 percent of all non-hazardous construction demolition debris shall be diverted from the landfill for reuse or recycling. The contractor shall provide written certification to the COR of the type and tonnage of debris reused or recycled from the contract. All refuse and the construction demolition debris not recovered for reuse or recycling shall be disposed of at a PADEP permitted and Monroe County Municipal Waste Management Authority authorized facility. The contractor shall comply with the Monroe County Solid Waste Management Plan and PA Act 90, including all licensing requirements. Monroe County has specific landfills that is must be transported to per Monroe County guidance which is available on the county website (http://www.thewasteauthority.com) and any contractors can call the Monroe County Municipal Waste Management Authority at (570) 643-6100. The contractor shall provide a disposal certificate or landfill weight slip to the COR for all solid waste disposed of during the performance of this contract. The COR will then provide copies of the disposal certificate or landfill weight slips with the quarterly consolidated C&D report from The Installation Planning and Maintenance Division to EB.

31. Removal Materials The contractor must remove from the site prior to the acceptance of work by the Government, all materials not identified to remain in place, including excess paints, building materials and equipment purchased by the contractor for the execution of this project.

32. Site Preservation and Restoration The contractor must ensure that the land resources associated under this contract be preserved in their present condition, or be restored to a like condition after completion of construction. This post construction appearance will appear to be natural and not detract from the appearance of the project.

33. Trees and Shrubs Protection The contractor must be responsible for the protection of all trees and shrubs on site.

The contractor must not allow any heavy equipment, vehicular traffic or stockpiling of materials within ten feet from the drip line of any tree. The contractor must not allow any toxic materials to be stored within 100 feet (35.5 meters) of the drip line of any tree. The contractor must not nail protective devices, signs, utility boxes or other objects to trees to be retained on the site.

34. Unexploded Ordnance (UXO) All work that is done in the UXO area must include the support and clearance by a UXO technician. In addition, all personnel entering the UXO area must have UXO recognition training. The COR will escort the contractor to the EB for UXO recognition training. The COR will provide a map of the UXO area to the contractor.

35. Water Quality The contractor shall not pollute streams, lakes or reservoirs. All work under this contract shall be performed in such a manner that pollution will not be created in streams, surface waters or underground water located within, or adjacent to the project area. The contractor shall not spill, emit, dump or otherwise discharge any hazardous, toxic, harmful or unauthorized pollutant, substance or material, including petroleum products, cleaning agents or paints, onto the ground, into the air or into any waters or nearby storm drain. The contractor shall execute any preventative measures required to prevent any hazardous, toxic or harmful material stored or used on the project site from entering any stormwater drain. Nothing shall be allowed to spill, emit, dump or otherwise discharge any hazardous, toxic or harmful material or pollutant into any sink, toilet, drain, utility or receptacle without written permission from the EB through the

COR.

The contractor shall protect streams, lakes and wetlands from sediment discharges caused by his activities.

CONTRACTOR SAFETY STANDARDS FOR TYAD

June 2018

Below are the contractor requirements for any work done on Tobyhanna Army Depot (TYAD). It is the responsibility of the contractor to enforce the below requirements. Failure to enforce safety requirements on the depot can result in termination of the contract.

Important Phone Numbers Emergency: 911 Security: 570-615-7550 Fire Department – (Non-Emergency): 570-615-7300 Safety: 570-615-7027

Changes in this document for June 2018:

The contractor is solely responsible for jobsite safety S10.0.

Update on the red card program in S 10.0.5.

Update on confined space S 10.6.3.

Subcontractors are the responsibility of the prime contractors, S 10.10.4.

S.10.0 THE CONTRACTOR IS SOLELY RESPONSIBLE AND LIABLE FOR JOB-

SITE SAFETY.

Review of the project plans and other documents by the Tobyhanna Safety Office does not constitute an acceptance of Federal responsibility or liability for the adequacy of the safety measures identified for the job or for the Contractor's compliance with OSHA rules and regulations. The Contractor remains solely responsible and liable for job-site safety at all times during the term of the contract.

Contractors shall comply with the following:

1. Tobyhanna Army depot has restrictions on the use of fossil fuels in all buildings. The contractor must follow the TYAD fossil fuel memorandum of understanding.

2. All direct construction supervision including subcontractors must have completed the OSHA 10 hour safety course for construction. These certificates must be submitted with the site safety plan BEFORE construction starts.

3. Red card program - Tobyhanna Army Depot utilizes a program to allow employees to stop an action which is considered unsafe. Employees carry small red cards that can be thrown down when the employee sees an action they consider unsafe. Work ceases until TYAD management can decide if it is safe or not. Contractors are required to comply with this. If a Tobyhanna employee presents his red card to a contractor, the contractor must stop working until the COR and the safety office can determine if there is a safety hazard or not.

S.10.1 CODE COMPLIANCE

1. Tobyhanna Army Depot requires full contractor compliance with all safety regulations and standards. The Contractor is responsible for maintaining, monitoring and enforcing all rules, regulations and codes, by ALL personnel working for the contractor including all subcontractors. These codes include:

Title 29 Code of Federal Regulations-1910 (OSHA General Industry Standards), Title 29 Code of Federal Regulations-1926 (Construction Industry Standards), National Fire Protection Association Codes, Uniform Facilities Code and Other codes as required to maintain safety standards

S.10.2 JOB HAZARD ANALYSIS (JHA)

Prior to the start of work, the contractor shall prepare a JHA for each phase of work that will be done under the contract. A phase is any operations involving a certain type of work. Examples include demolition, excavation, masonry work, concrete pouring, roofing, and electrical wiring. Work done by each subcontractor is also a phase. The JHA will:

1. List the activity being performed and identify the sequence of work steps

2. List the…